Single-judge High Court of Rajasthan allowed a bail application under Section 439 Cr.P.C. for an accused in an NDPS offence, considering the contraband was below commercial quantity.
Petitioner released on bail by furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
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[2024:RJ-JP:14060]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
1177/2024
Parmanand S/o Gendilal, Aged About 62 Years, R/o Arjunpura, Police Station Jawar, District Jhalawar (Raj.) (Petitioner Is In Sub Jail Ramganjmandi).
----Petitioner
Versus
The State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Ms. Shazadi Bano, Adv., for Mr. Ali Mohammed Khan, Adv. For : Mr. Yashwant Kankhediya, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
20/03/2024
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.395/2023 registered at Police Station Suket, District Kota Rural for the offence(s) under Section(s) 8/15 of NDPS Act.
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case. Learned counsel further submits that the alleged contraband recovered in the present case is less than commercial quantity. Learned counsel also submits that the
[2024:RJ-JP:14060]
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[CRLMB-1177/2024]
charge-sheet has been filed, accused-petitioner has been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed the bail application.
Taking into consideration the overall facts and circumstances of the case and the fact that the recovery of alleged contraband in the present case is less than commercial quantity, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Parmanand S/o Gendilal shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J
YOGESH KUMAR /122
1 issue framed by the court
Whether the petitioner should be enlarged on bail in a case involving offences under the NDPS Act.
1 provisions across 1 enactments
Parmanand S/o Gendilal
The State Of Rajasthan, Through PP
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
